The Building Inspector of the borough is hereby designated as the officer
to exercise the powers prescribed by this chapter, and he shall serve in such
capacity without any additional salary.
For the purpose of this chapter, the Building Inspector may determine
that a dwelling is unfit for human habitation if he finds that conditions
exist in such dwelling which are dangerous or injurious to the health or safety
of the occupants of such dwelling, the occupants of neighboring dwellings
or other residents of the borough. Such conditions may include the following
(without limiting the generality of the foregoing): defects therein increasing
the hazards of fire, accident or other calamities; lack of adequate ventilation,
light or sanitary facilities, and dilapidation, disrepair, structural defects
or uncleanliness.
Pursuant to the provisions of P.L. 1946, c. 21 (N.J.S.A. 40:49-5.1),
the New Jersey State Housing Code, as approved by the Departments of Health
and Conservation and Economic Development and filed in the Secretary of State's
office, is hereby accepted, adopted and established as a standard to be used
as a guide in determining the fitness of a building for human habitation or
occupancy or use. Three copies of the New Jersey State Housing Code have been
placed on file in the office of the Borough Clerk and are available to all
persons desiring to use and examine the same.
[Amended 8-15-1995 by Ord. No. 1226]
Whenever a petition is filed with the Building Inspector by a public
authority as defined in N.J.S.A. 40:48-2.4 or by at least five residents of
the borough charging that any dwelling is unfit for human habitation as herein
defined or whenever it appears to the Building Inspector, on his own motion,
that any dwelling is unfit for human habitation as herein defined, he shall,
if his preliminary investigation discloses a basis for such charges, issue
and cause to be served upon the owner of and parties in interest in such dwelling
a complaint stating the charges in that respect and containing a notice that
a hearing will be held before the Building Inspector or his designated agent,
at a place therein fixed, not less than seven days nor more than 30 days after
the serving of the complaint; that the owner and parties in interest shall
be given the right to file an answer to the complaint and to appear in person
or otherwise and give testimony at the time and place fixed in the complaint;
and that the rules of evidence prevailing in courts of law or equity shall
not be controlling in hearings before the Building Inspector.
[Amended 8-15-1995 by Ord. No. 1226]
Complaints or orders issued by the Building Inspector pursuant to this
chapter shall be served upon persons either personally or by registered mail,
but, if the whereabouts of such persons are unknown and the same cannot be
ascertained by the Building Inspector in the exercise of reasonable diligence
and the Building Inspector shall make an affidavit to that effect, then the
serving of such complaint or order upon such persons may be made by publishing
the complaint once in a newspaper printed and published in the borough. A
copy of the complaint or order shall be posted in a conspicuous place on the
premises affected by the complaint or order, and a copy of the complaint or
order shall be duly recorded or lodged for record with the county recording
officer of the county in which the dwelling is located.